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Notices of Amendments: 11 March 2013                  

949

 

Crime and Courts Bill-[Lords], continued

 
 

Secretary Theresa May

 

111

 

Parliamentary Star    

Page  303,  line  36  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

 

Secretary Theresa May

 

112

 

Parliamentary Star    

Page  303,  line  42  [Schedule  19],  at end insert—

 

‘(da)    

any delay that might result from proceeding in one jurisdiction rather

 

than another;’.

 


 

Secretary Theresa May

 

113

 

Parliamentary Star    

Page  306,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

 

Northern Ireland,’.

 

Secretary Theresa May

 

114

 

Parliamentary Star    

Page  306,  line  6  [Schedule  19],  at end insert—

 

‘( )    

In Scotland, for the purpose of determining any questioning of a relevant

 

certification decision, the High Court must apply the procedures and principles

 

that would be applied by it on an application for judicial review.’.

 


 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

92

 

Page  307,  line  30  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 311

 

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

 

the United Kingdom unless, having regard to the interests of justice, the judge decides that

 

the extradition should take place.

 

      (3)  

Matters relevant to the interests of justice include but are not limited to—

 

(a)    

the extent and place where most of the loss or harm resulting from the

 

extradition offence occurred or was intended to occur;

 

(b)    

the interests of any victims of the extradition offence;

 

(c)    

the availability of evidence necessary for a fair trial in the United

 

Kingdom and in jurisdictions outside the United Kingdom;

 

(d)    

the desirability and practicability of all prosecutions relating to the

 

extradition offence taking place in one jurisdiction; and

 

(e)    

D’s nationality, place of habitual residence and other connections with

 

the United Kingdom.


 
 

Notices of Amendments: 11 March 2013                  

950

 

Crime and Courts Bill-[Lords], continued

 
 

      (4)  

In this section “D’s relevant activity” means activity which is material to the

 

commission of the extradition offence and which is alleged to have been

 

performed by D.’.

 

Secretary Theresa May

 

115

 

Parliamentary Star    

Page  307,  line  41  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

 


 

Secretary Theresa May

 

116

 

Parliamentary Star    

Page  308,  line  2  [Schedule  19],  at end insert—

 

‘(da)    

any delay that might result from proceeding in one jurisdiction rather

 

than another;’.

 


 

Secretary Theresa May

 

117

 

Parliamentary Star    

Page  310,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

 

Northern Ireland,’.

 

Secretary Theresa May

 

118

 

Parliamentary Star    

Page  310,  line  6  [Schedule  19],  at end insert—

 

‘( )    

In Scotland, for the purpose of determining any questioning of a relevant

 

certification decision, the High Court must apply the procedures and principles

 

that would be applied by it on an application for judicial review.’.

 


 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

93

 

Page  311,  line  32  [Schedule  19],  leave out from ‘Part 2’ to end of line 46 on page

 

312, and insert—

 

‘Part 2

 

European arrest warrant safeguards

 

10         

Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is

 

amended as follows.


 
 

Notices of Amendments: 11 March 2013                  

951

 

Crime and Courts Bill-[Lords], continued

 
 

11         

In section 7 (Identity of person arrested) after subsection (4) insert—

 

“(4A)    

If the judge decides the question in the affirmative he must decide

 

whether the person in respect of whom the warrant was issued is the

 

person who is alleged to have committed, or to have been convicted

 

for, the offence on which the warrant is based.

 

(4B)    

The judge must decide the question in subsection (4A) on the balance

 

of probabilities, but if he considers there is reasonable doubt as to that

 

question, he may not decide it in the affirmative unless he has first

 

requested the issuing authority to provide further information within

 

the time specified in the request (which must not be less than a

 

reasonable time in all the circumstances) and the issuing authority has

 

provided him with all the information requested within that time.

 

(4C)    

If the judge decides the question in subsection (4A) in the negative he

 

must order the person’s discharge.”.

 

12         

In section 11 (Bars to extradition), in subsection (1), after paragraph (c)

 

insert—

 

“(ca)    

prematurity;”.

 

13         

After section 14 insert—

 

“14A  

Prematurity in accusation cases

 

(1)    

A person’s extradition to a category 1 territory is barred by

 

prematurity if (and only if)—

 

(a)    

he is accused of committing an extradition offence; and

 

(b)    

it appears that the proceedings against him in respect of that

 

offence are not yet ready for trial.

 

(2)    

A decision by the judge that a person’s extradition is barred by reason

 

of prematurity does not prevent the subsequent execution of a Part 1

 

warrant against that person in respect of the same extradition

 

offence.”.

 

14  (1)  

Section 26 (Appeal against extradition order) is amended as follows.

 

      (2)  

For subsection (4) substitute—

 

“(4)    

Notice of an appeal under this section must be given in accordance

 

with rules of court before the end of the permitted period, which is—

 

(a)    

14 days starting with the day on which the order is made; or

 

(b)    

such longer period as the court considers is in the interests of

 

justice.”.’.

 


 

Secretary Theresa May

 

76

 

Page  336,  line  26  [Schedule  22],  leave out ‘2’ and insert ‘[Modification of NCA

 

functions]’.

 


 
 

Notices of Amendments: 11 March 2013                  

952

 

Crime and Courts Bill-[Lords], continued

 
 

Order of the House [14 January 2013]

 

That the following provisions shall apply to the Crime and Courts Bill [Lords] Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 14 February 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on: 11 March 2013

 

 

NC11.

 


 
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